Allowed

Surajdev Yadav Alias Suryadev Yadav v. the State of Jharkhand

Jharkhand HC12 Sept 2024A.B.A./5794/2024

Case brief

AI extract

What is this about?

Two tractor owners sought anticipatory bail for alleged illegal sand transportation. The court found no criminal antecedents and drivers controlled the vehicles, and granted anticipatory bail with sureties and standard conditions.

What did the court decide?

Anticipatory bail: release on bail bond of Rs.20,000 each with two sureties of like amount, subject to Section 482(2) BNSS conditions.

Surajdev Yadav Alias Suryadev Yadav Vs the… — Mining and Natural Resources | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No.5794 of 2024

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Surajdev Yadav @ Suryadev Yadav, S/o Prem Yadav

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Radhe Shyam Yadav, S/o Jagdish Yadav both R/o village-Kusahan, P.O.-Hirodih, P.S.-Jainagar, District-Koderma

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.......... Petitioners. -VersusThe State of Jharkhand .......... Opp. Party.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. Randhir Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. ----- Order No.04 Date: 12.09.2024

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The petitioners are apprehending their arrest in connection with Telaiya P.S. Case No.172 of 2024 registered under Sections 303(2)/317(2)/317(5) of the Bharatiya Nyaya Sanhita, 2023, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 and Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. The petitioner no.1 is the owner of tractor bearing registration no.JH-12R1266, chassis no.MBNAK48ACRTFB1116, whereas the petitioner no.2 is the owner of tractor bearing registration no.JH-12R5281, chassis no.MBNAK48ACRTD27579. There is alleged recovery of 100 CFT of illegal sand from each tractor. In fact, the petitioners have no idea as to how the said tractors were found loaded with the said illegal sand. Otherwise also, the drivers of the said tractors were in control of the same at the

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time of the alleged occurrence. The petitioners have no criminal antecedent as has been stated in paragraph no.11 of the present anticipatory bail application. They also undertake to cooperate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

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Learned A.P.P. opposes the petitioners’ prayer for grant of anticipatory bail.

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Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Koderma in connection with Telaiya P.S. Case No.172 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rajesh Shankar, J.)

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Arpit/

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-2-

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A.B.A. No.5794 of 2024

Surajdev Yadav Alias Suryadev Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Surajdev Yadav Alias Suryadev Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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